In October, a ride at the North Carolina State Fair spun out of control, sending people flying to the ground

December 20, 2013 11:39:16 AM PST

RALEIGH, N.C. --

Prosecutors said Friday they have evidence that the owner of a ride that malfunctioned at the North Carolina State Fair in October deliberately tampered with a safety mechanism.

Joshua Macaroni, 32, has been indicted in the incident along with ride operator Tim Tutterow, 42.

On October 24, the Vortex ride restarted as riders were getting off, sending people flying to the ground - including a family of three.

Macaroni's lawyer has said he was not at the fair of the time of the accident, and they couldn't see how he was involved. But prosecutors said Friday that before a Labor Department ride inspection, Macaroni told Tutterow to make sure no one was looking while he put jump wires in an electrical box that bypassed a safety mechanism.

Both Macaroni and Tutterow are charged with three counts of felony assault with a deadly weapon.

Also in court Friday, a judge allowed Macaroni's attorney supervised access to the ride.

Meanwhile, the Wake Forest family that was injured - father Anthony Gorham, mother Kisha Gorham, and 14-year-old son Justen Gorham - have been recovering from their severe injuries.

"[They have] injuries similar to that of being in car accident...they're still dealing with having to go through physical therapy, managing pain day by day," Kiesha Sprull -- family friend and godmother to one of the victims -- told ABC11 in an interview earlier this month.

Kisha and Justen were recently released from the hospital, but Anthony is still being treated for severe brain, skull, neck, and spinal injuries.